On Demand Audio

Critical Environmental Considerations in Commercial Real Estate Transactions

(292 reviews)

Produced on March 14, 2019

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$ 59 Real Estate and Environmental Law In Stock
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Course Information

Time 63 minutes
Difficulty Intermediate

Course Description

Material environmental liabilities can present both opportunities and challenges in commercial real estate transactions. This course, presented by Karl Heisler, a partner with Katten Muchin Rosenman LLP, offers a cost-effective approach designed to identify and mitigate these liabilities through tailored due diligence, a calculated negotiating strategy, and federal and state tax incentives and liability protections.

This intermediate-level course will provide deal lawyers with practical tips to navigating these critical environmental considerations. Viewers are assumed to have a basic, working knowledge of environmental and workplace safety law, including the transactional defenses in the Comprehensive Environmental Response, Compensation, and Liability Act. The course introduces some perspective on the role environmental concerns play within the overall deal, and highlights some of the common mistakes that befall deal lawyers contending with these concerns.

Learning Objectives:
  1. Explore how to scope the environmental due diligence effort most cost-effectively, while mitigating environmental risk
  2. Recognize the key environmental provisions in purchase and sale agreements, and understand how they will frame deal negotiations
  3. Assess the availability of Brownfields tax incentives and liability protections, with a focus on five state programs: Virginia, Maryland, Illinois, Indiana, and Ohio
  4. Appreciate the overall economics of the deal and the associated negotiating leverage to address environmental liabilities

Credit Information

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Faculty

Karl Heisler

Katten Muchin Rosenman LLP

Karl Heisler concentrates his practice on civil and criminal environmental enforcement, regulatory counseling, and litigation. For over 15 years, Karl has responded to government investigations covering every major federal environmental statute at facilities located throughout the country. He has provided counsel to a number of Fortune 500 companies, responding to grand jury subpoenas, search warrants, civil information requests and whistleblower allegations. He defends clients facing obstruction of justice, false statements and other Title 18 allegations. He routinely conducts internal investigations involving the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, and the Comprehensive Environmental Response, Compensation, and Liability Act.

Clients have described Karl as having "an unparalleled ability to master the facts and an encyclopedic mastery of environmental law." (Benchmark Litigation 2016). Law360 has recognized him as one of five "Rising Stars" in environmental law nationwide.

Karl dedicates a significant portion of his practice to environmental transactions. He provides advice and counsel on due diligence and the availability of Superfund defenses, and he routinely negotiates representations, warranties, and indemnifications in major transactional matters. He has assisted with acquisitions and divestitures of several entities subject to government investigations arising out of environmental and workplace safety incidents. For the past 7 years, he has taught the environmental transactions course for the Environmental Law Institute, a leader in non-partisan research and environmental law education.

Karl's clients include public and private entities in the chemical manufacturing, construction services, waste management and energy industries, as well as lenders, private equity and real estate investment firms with interests in these industries.

Karl's pro bono work includes serving as outside general counsel to the Rock Creek Conservancy, a non-profit group dedicated to protecting and restoring the Rock Creek Park and its watershed. Established in 1890, Rock Creek Park is one of our nation's first national parks.



Reviews

SM
Susan M.

Fantastic! Excellent and informative speaker!

BB
Byron B.

Very good program

AS
Adam S.

Great course

CK
Carla K.

He is very knowledgeable

AS
Albert S.

Real good material

DW
David W.

Excellent program and excellent presentation.

DS
DAVID S.

Excellent

RZ
Richard Z.

Made me want to look up the other course he did

DK
Dahyun K.

thank you

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